Sec. 655.508. - Memorialization of Mobility fee, credit, and Trip Reduction.

Mobility fees required for a development are calculated based upon the use(s) proposed and any Trip Reductions that may be applied and are memorialized in the Mobility Fee Calculation Certificate ("MFCC"). Thus, the additional documentation and memorialization through a Mobility Fee Contract, Mobility Fee Letter, or Mobility Fee Credit Letter, is not required but may be desired and obtained by a developer or landowner by applying to the Department and payment of the applicable fee as shown on the www.coj.net/fees webpage. Contracts should only be utilized when both the City and the landowner or developer are required to perform duties. Applications for memorialization can be found online in the CMMS Handbook. The CMMSO shall review submitted applications for sufficiency and upon finding the application sufficient, deliver the application fee, as found in www.coj.net/fees , to the Tax Collector and transmit the application to the Division for review. The Division shall forward the contract to the Director for review, approval and execution. After the Director has executed the Mobility memorialization the landowner or developer may record a copy in the public records. Memorialization may be provided for any or all of the following: Mobility fees; Mobility fee credits pursuant to Section 655.507 (a); and Trip Reductions pursuant to Section 655.503 (e)(4) and the criteria and calculations in the CMMS Handbook. (a) Memorialization of Mobility fee . A Mobility fee memorialization may be administratively provided by the Department for a period of up to ten years subject to the FDOT Inflation Factor ("Mobility Fee Letter"). The purpose of this is to provide certainty to a developer that the impacts of their development on the City's transportation system will be mitigated for with the payment as defined in the memorialization. As with the MFCC, the fee shall be based upon a certain parcel of land, and certain uses utilizing the Institute of Transportation Engineers ("ITE") most recent Trip Generation Manual. The Mobility Fee Letter provided by the Department shall have attached the legal description and boundary sketch of the property, and the ITE Codes for the specific uses on the property. If the Mobility fee is calculated using Trip Reductions for internal capture an exhibit showing the site development plan for the land subject to the Mobility fee is required. The benefit of Trip Reduction shall only be realized once the required mix of uses is attained. (b) Memorialization of Mobility fee credit . Mobility fee credit for an MSP or PMP, as authorized pursuant to Section 655.507 , may be through a letter or a contract. Whether a letter or a contract is utilized, it shall contain the information required to convey the design and extent of the project or proposal, and the Executive Summary of the appraisal(s) utilized to ascertain the value of any real estate interest conveyed as part of the MSP or PMP. A PMP proposal must also show the development that is generating the request for the PMP. (i) A "Mobility Fee Credit Letter" is appropriate for memorialization of the design and cost for an MSP or PMP and for the approval of the appraised value of the authorized real estate interest related to the MSP or PMP. (ii) A "Mobility Fee Contract" is required only in circumstances where the landowner or developer is required to perform certain duties as part of the Mobility fee credit. All Mobility Fee Contracts for credit require approval by the City Council. (c) Memorialization of Trip Reductions. A "Mobility Trip Reduction Letter" is appropriate to memorialize the trips associated with an Existing Use pursuant to Section 655.503 (e)(4). "Existing Use" is defined in Section 655.105 . Reductions for an Existing Use qualify for Trip Reductions only for the development site that contains the parcel where the Existing Use was located, and of which the Existing Use parcel is now a part. If immediate development is intended, the Trip Reductions related to the Existing Use may be memorialized in the MFCC with no need for a Trip Reduction Letter. (Ord. 2022-909-E , §§ 8, 9) Editor's note— Ord. 2022-909-E , §§ 8 and 9, amended the Code by repealing former § 655.508 and adding a new § 655.508. Former § 655.508 pertained to mobility fee contracts, and derived from Ord. 2011-536-E, § 1; Ord. 2013-761-E, § 2; and Ord. 2017-665-E , § 28.